Mirchandani -v- The Lord Chancellor
14th July 2020
The Appellant appeals against the order of Jefford J not to allow the Appellant costs out of Central Funds. She granted PTA.
The A was a private prosecutor in the underlying criminal proceedings. The Respondent intervened solely on the issue of costs out of Central Funds.
Two points of statutory interpretation arise, both of which concern the Prosecution of Offences Act 1985. They are:
- The meaning of the words ‘proceedings in respect of an indictable offence’ in subsection 17(1)(a) of the 1985 Act, and in particular, whether those words should be read narrowly so as to exclude proceedings to enforce confiscation orders; and
- The meaning of ‘expenses’ in subsection 17(1) of the 1985 Act, and in particular, whether that word is to be interpreted so as to include the costs of an opponent that a prosecutor is ordered to pay.